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This Checklist outlines the key matters to weigh up both prior to and following a decision to bring a building contract to an end, or any agreement connected to a construction project. Comprehensive guidance and detail on ending contracts is available in the Termination and suspension in construction contracts subtopic. Considerations when deciding whether to terminate A party contemplating steps to terminate a construction contract should reflect on the following: What grounds are relied upon for ending the contract? Review the building contract closely. Does it include explicit provisions on termination, identifying particular events that allow the parties to terminate? Many UK building contracts contain express termination rights (see Practice Notes: JCT contracts—termination, NEC contracts—termination, FIDIC contracts 2017—termination by the Employer, FIDIC contracts 2017—termination by the Contractor, FIDIC contracts (pre-2017 editions)—termination by the Employer and FIDIC forms of contract (pre-2017 editions)—termination by the Contractor). If there are contractual grounds for termination, what are they, and do they apply to the circumstances?
This flowchart sets out the process under the FIDIC Red, Yellow and Silver Books, 1999 editions, for defects under: clause 7.5, where Plant, Materials, design or workmanship are discovered to be faulty or otherwise non-compliant with the Contract, and the Employer rejects the relevant Plant, Materials, design or workmanship clause 7.6, when the Employer directs the Contractor to strip out and substitute any non-compliant Plant or Materials, to take out and reperform any other work that does not meet the Contract, or to carry out any work urgently needed to protect the safety of the Works clause 11.1, under which the Contractor must perform all tasks necessary to make good defects or damage, as notified by the Employer on or before the end of the Defects Notification Period clause 12.3, if a Test after Completion is not passed, and clause 11.1(b) concerning the rectification of defects applies (Yellow and Silver Books only) For further details, see Practice Note: FIDIC Contracts (pre–2017...
Prepared with Anthony Shatz of Fladgate LLP, this flowchart outlines the steps to be taken and the key matters to consider for a transfer of shares in a joint venture company (JVC), where a right of first refusal (ROFR), together with drag along and tag along provisions, appear in the articles of association/shareholders’ agreement...
This Flowchart Helps determine whether the stamp duty land tax (SDLT) higher rates surcharge applies to a transaction. The higher rates surcharge covers acquisitions of certain additional residential properties by individuals, and any residential purchases by purchasers who are not individuals as well. Read this Flowchart in full alongside Practice Note: Higher rates of SDLT on additional residential properties. To identify which rate applies to a transaction, refer to What rate of SDLT applies to my transaction?—Flowchart and Practice Note: Rates of SDLT. This Flowchart proceeds on the basis that: the buyer is acquiring one property, and that the acquisition is not linked with any other transaction...
Uniform Building Contractors Ltd v The Water and Sewerage Authority of Trinidad and Tobago [2026] UKPC 2 What was the background? The Privy Council appeal arose from a 2007 design-and-build, lump sum contract governed by the 1999 FIDIC Yellow Book, concluded between the Water and Sewerage Authority of Trinidad and Tobago (WASA) and Uniform Building Contractors Ltd (UBC) for the design, supply and installation of pipelines. The works were structured as two discrete packages, each on a lump-sum basis. Executed on 23 May 2007, the agreement incorporated the Yellow Book, bespoke Conditions of Particular Application, the Employer’s Requirements, together with a Bill of Quantities (BoQ). Mr Barry Paul was appointed as the Engineer under the contract. During execution, disputes between the parties arose over performance. WASA served termination notices dated 28 May and 4 June 2009. UBC commenced proceedings in May 2013, shortly before the limitation period expired, and WASA advanced a counterclaim. At first instance, the court dismissed both UBC’s claim and WASA’s counterclaim in full. WASA...
In this edition: Air emissions and climate change Energy efficiency and buildings Environmental enforcement and prosecutions ESG and sustainability Hazardous substances and chemicals Marine Nature, biodiversity and habitat conservation Water, flooding and drainage Daily and weekly news alerts New and updated content Trackers Useful information Air emissions and climate change NSTA sets out rules on releasing carbon storage data and specimens The North Sea Transition Authority (NSTA) has opened a consultation outlining regulations on the release of carbon storage information and samples. It invites comments on the period for which such information and samples should be made available. The consultation closes on 12 April 2024. Refer to: LNB News 15/02/2024 40...
In this issue: Building safety JCT contracts Litigation Building regulations Projects Daily and weekly news alerts New and updated content Construction trackers Building safety Building safety Damages under the Defective Premises Act 1972—what’s recoverable? (Wilson v HB (SWA)) In Wilson v HB (SWA) Ltd [2025] EWHC 1315 (TCC), the TCC removed multiple heads of claim pursued against a developer by former leaseholders of residential flats. The defects case relied on alleged breaches of duty under section 1 of the Defective Premises Act 1972 and breaches of leasehold covenants. The court concluded that several claimed losses were too remote, or simply hypothetical. See News Analysis: Damages under the Defective Premises Act 1972—what’s recoverable? (Wilson v HB(SWA)). The Building Safety Levy (Scotland) Bill—a quick guide The Scottish Government presented the Building Safety Levy (Scotland) Bill to the Scottish Parliament on 5 June 2025. The Bill proposes a new tax: the Scottish Building Safety Levy....
This Practice Note looks at the insurance provisions in the main forms of JCT contract. It examines the Contractor’s liabilities and insurance obligations under the JCT Design and Build Contract (DB) 2024 and the JCT Standard Building Contract (SBC) 2024. Where clause numbering differs between the two forms, this Practice Note draws attention to it; otherwise, clause references apply to both DB and SBC. The 2024 and 2016 editions made adjustments to the insurance provisions compared with the 2011 editions, including updates to professional indemnity insurance in the 2024 version and, in 2016, relocating much of the text from Schedule 3 into the main conditions and introducing the C.1 Replacement Schedule, see Practice Note: JCT contracts 2016—what's changed? [Archived] and News Analysis: The JCT Design and Build Contract 2024—what’s changed? For how insurance and risks are addressed in the NEC3/NEC4 Engineering and Construction Contract, see Practice Note: NEC contracts—insurance. For FIDIC contracts, see Practice Notes: FIDIC contracts 2017—insurance and FIDIC contracts (pre-2017 editions)—insurance. This Practice Note considers the JCT...
This Practice Note explores ground conditions within construction and engineering schemes. It addresses who bears responsibility at common law and highlights contractual mechanisms that can be included in building contracts to manage situations where the contractor meets adverse ground conditions, setting out how that risk is shared between contractor and employer. It also summarises how the JCT, NEC and FIDIC standard forms approach allocation of ground condition risk... What are ‘ground conditions’? ‘Ground conditions’ typically describes the site’s geology, hydrology, soil characteristics and any contamination present. Such conditions may arise naturally, be the result of human activity, or a mixture of both. Artificial or man-made conditions or obstructions can include: Antiquities Landfill Asbestos Disused or existing sewers Unexploded ordnance The phrase does not normally cover short-lived surface features like litter or leaves, nor climatic factors. While ‘ground conditions’ is a common expression in construction contracts, related terms are frequently used as well, such as ‘site conditions’ and ‘physical...
This Practice Note explores how Dispute Avoidance/Adjudication Boards (DAABs) operate under the FIDIC Red, Yellow and Silver Books 2017. Each form requires disputes to be submitted to a DAAB, which then delivers a decision that binds the parties involved. Beyond formal determinations, a DAAB may provide informal guidance and support during the works, aiming to settle matters before they harden into disputes. The DAAB mechanism forms the opening tier in a multi-tier dispute resolution procedure. Where a party remains unhappy with a DAAB decision, it may move the matter to amicable settlement and, if necessary, to arbitration, as long as contractual time limits are observed. For further detail, please see Practice Note: FIDIC contracts 2017—dispute resolution. FIDIC’s practice notes on dispute boards FIDIC has issued three practice notes on dispute boards: Practice Note I—Dispute Avoidance—focused on dispute boards, released on 1 November 2023; Practice Note II—Appointment of Dispute Boards, published in December 2024; and Practice Note III—Dispute Board Decisions: Preparation and Composition, issued in December 2025. Practice Note...
[ NAME OF PROJECT ]: REFERENCE OF A DISPUTE TO THE DAAB UNDER CLAUSE 21.4 DAAB Reference No. DAAB Reference No. [ Number of reference ] | [ Date ] Referring Party [ Name of Party 1 ] [ Address ] [ Telephone/Fax No. ] [ Email address ] [ ON THE HEADED NOTEPAPER OF THE REFERRING PARTY ] Responding Party [ Name of Party 2 ] [ Address ] [ Telephone/Fax No. ] [ Email address ] The DAAB [ Name of DAAB Chairperson ] — [ Address ] — [ Telephone/Fax No. ] — [ Email address ] [ Name of DAAB Member 2 ] — [ Address ] — [ Telephone/Fax No. ] — [ Email address ] [ Name of DAAB Member 3 ] — [ Address ] — [ Telephone/Fax No. ] — [ Email address ] ...
[ NAME OF PROJECT ] NOTICE OF DISSATISFACTION WITH THE DAAB’S DECISION DAAB Case No....
Appropriate contract selection We’d like to outline how you should choose the building contract for [ insert name/description of the project ]. To begin with, the form you adopt must suit the sector to which the works belong. Across the UK there exists a range of published standard forms, and their use is determined mainly by the character of the works—namely whether they concern the construction of buildings, infrastructure or civil engineering undertakings, energy projects, chemical or process plant works, or disciplines focused on electrical and mechanical engineering. Select a contract aligned to the relevant sector and the type of works proposed...